Bill Text: CA AB2528 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: campaign statements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-09-23 - Chaptered by Secretary of State - Chapter 500, Statutes of 2022. [AB2528 Detail]

Download: California-2021-AB2528-Amended.html

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Amended  IN  Assembly  April 19, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2528

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Introduced by Assembly Member Bigelow

February 17, 2022

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An act to amend Section 84605 of, and to add Section 84226 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

AB 2528, as amended, Bigelow. Political Reform Act of 1974: campaign statements.

The Political Reform Act of 1974 requires elected officers, candidates, and committees, as defined, to periodically file campaign statements and related documents containing specified information, including the amount of contributions received and expenditures made. The act requires, generally, that local elected officers file such statements with local filing officers, as specified.

The act requires the Secretary of State to develop an online and electronic filing system for specified persons and entities filing campaign statements and other documents and to make the data filed through this system available to the public through the internet. The act further requires the Secretary of State, no later than February 1, 2021, to certify and make the system available an additional online filing and disclosure system with specified features to replace the first system. no later than February 1, 2021.

The provisions of this bill, applicable to This bill would require elected officers and candidates for elective office whose campaign contributions for an upcoming election equal or exceed $15,000 and who are not currently required to file a campaign statement or related document with the Secretary of State, State would require such officers to file a campaign statement or related document with the Secretary of State, along with any other persons, such as their local filing officer, with whom they are otherwise required to file. The bill would require these filings with the Secretary of State to be available to the public through the aforementioned online filing systems, as applicable. The bill would make these requirements operative one year after the Secretary of State certifies the online filing and disclosure system described above.

A violation of the Political Reform Act of 1974 is punishable as a misdemeanor and subject to specified penalties. By imposing criminal penalties on filers who fail to comply with the above requirements, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a ²/₃ vote of each house of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 84226 is added to the Government Code, to read:

84226.

 (a) This section applies to all elected officers who are any elected officer or candidate for elective office who meets both of the following criteria:

(1) The officer or candidate is required to file a statement, report, or other document required by this chapter, with their local filing officer or otherwise, but whose filing requirements do not include filing with the Secretary of State.

(2) The officer or candidate has received campaign contributions to support their candidacy for office in an upcoming election that equal or exceed fifteen thousand dollars ($15,000).

(b) Notwithstanding any other law, an elected officer or candidate for elective office specified in subdivision (a) shall, in addition to filing with any other person required by this title, file a statement, report, or other document required by this chapter online or electronically with the Secretary of State. The filing shall be available for public access through the online filing and disclosure system specified in subdivision (a) of Section 84602 or through State through the online filing and disclosure system specified in subdivision (b) of Section 84602 when that system is certified. 84602.

(c) This section shall become operative one year after the date the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.

SEC. 2.Section 84605 of the Government Code, as amended by Section 6 of Chapter 18 of the Statutes of 2010, is amended to read:

84605.

(a)The following persons shall file online or electronically with the Secretary of State:

(1)Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100), to file statements, reports, or other documents in connection with a state elective office or state measure, provided that the total cumulative reportable amount of contributions received, expenditures made, loans made, or loans received is twenty-five thousand dollars ($25,000) or more. In determining the cumulative reportable amount, all controlled committees, as defined by Section 82016, shall be included. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that is first subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title. A committee, as defined in subdivision (c) of Section 82013, shall file online or electronically if it makes contributions of twenty-five thousand dollars ($25,000) or more in a calendar year.

(2)Any general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, and small contributor committees, as defined in Section 85203, that cumulatively receive contributions or make expenditures totaling twenty-five thousand dollars ($25,000) or more to support or oppose candidates for any elective state office or state measure. For a committee subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a committee that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the committee is first subject to this title.

(3)Any slate mailer organization with cumulative reportable payments received or made for the purposes of producing slate mailers of twenty-five thousand dollars ($25,000) or more. For a slate mailer organization subject to this title prior to January 1, 2000, the beginning date for calculating cumulative totals is January 1, 2000. For a slate mailer organization that first is subject to this title on or after January 1, 2000, the beginning date for calculating cumulative totals is the date the organization is first subject to this title.

(4)Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents, provided that the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is two thousand five hundred dollars ($2,500) or more in a calendar quarter.

(5)Any elected officer filing with the Secretary of State pursuant to Section 84226.

(b)The Secretary of State shall also disclose on the Internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.

(c)Committees and other persons that are not required to file online or electronically by this section may do so voluntarily.

(d)Once a person or entity is required to file online or electronically, subject to subdivision (a) or (c), the person or entity shall be required to file all subsequent reports online or electronically.

(e)It shall be presumed that online or electronic filers file under penalty of perjury.

(f)Persons filing online or electronically shall also continue to file required disclosure statements and reports in paper format. The paper copy shall continue to be the official filing for audit and other legal purposes until the Secretary of State, pursuant to Section 84606, determines the system is operating securely and effectively.

(g)The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter. Upon determination by the Secretary of State, pursuant to Section 84606, that the system is operating securely and effectively, this online or electronic version shall be the official version for audit and other legal purposes.

(h)Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, and for filings subject to Section 84226, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.

SEC. 3.SEC. 2.

 Section 84605 of the Government Code, as amended by Section 25 of Chapter 662 of the Statutes of 2018, is amended to read:

84605.

 (a) The following persons shall file online or electronically with the Secretary of State:

(1) Any candidate, including superior court, appellate court, and Supreme Court candidates and officeholders, committee, or other persons who are required, pursuant to Chapter 4 (commencing with Section 84100) and Chapter 5 (commencing with Section 85100), to file statements, reports, or other documents in connection with a state elective office or state measure.

(2) Any state general purpose committees, as defined in Section 82027.5, including the general purpose committees of political parties, as defined in Section 85205, and small contributor committees, as defined in Section 85203.

(3) Any slate mailer organization that produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election or in more than one county.

(4) Any lobbyist, lobbying firm, lobbyist employer, or other persons required, pursuant to Chapter 6 (commencing with Section 86100), to file statements, reports, or other documents.

(5) Any elected officer or candidate for elective office filing with the Secretary of State pursuant to Section 84226.

(b) The Secretary of State shall also disclose on the Internet internet any late contribution or late independent expenditure report, as defined by Sections 84203 and 84204, respectively, not covered by paragraph (1), (2), or (3) of subdivision (a) or any other provision of law.

(c) It shall be presumed that online or electronic filers file under penalty of perjury.

(d) The Secretary of State shall maintain at all times a secured, official version of all original online and electronically filed statements and reports required by this chapter, which shall be the official version for audit and other legal purposes.

(e) Except for statements related to a local elective office or a local ballot measure filed by a candidate for local elective office who is also a candidate for elective state office, and for filings subject to Section 84226, a copy of a statement, report, or other document filed by online or electronic means with the Secretary of State shall not be filed with a local filing officer.

SEC. 4.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 5.SEC. 4.

 Section 3 2 of this act shall not become operative until the date that the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.

SEC. 6.SEC. 5.

 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.